Spouse Residence Permit EXTENSION

[helpplease!]

Hi Guys!

This may seem premature, and I appreciate policies can change, but better to be safe than sorry.

I am a Turkish national who was granted with a Spouse/Partner Residence Permit on 12 October 2016, expiring on 13 July 2019. My husband is a British Citizen. We currently have no children. The questions I have are;

1. Is FLR(M) the correct form to use to extend my leave?
2. As my current leave expires on 13.7.19, when is the earliest and latest dates I should apply to extend online? This is considering that after the next extension I hope to apply for Indefinite Leave.
3. When I was granted my current leave on 12.10.16, the Financial Requirement was met by showing my husbands (sponsors) income. Now that I am here in the UK and working full time, can I show my income as evidence for the financial requirement, rather than my husband showing his? We both work full time, with salaried employment over the £18,600 threshold. The table in FLR(M) under question 7.3A indicates that we should both show our income?

However FLR(M) Guidance Notes 21.d) states;

"You need to meet the financial requirement if you are making your first application for leave to
enter or remain here as a partner, or did so on or after 9 July 2012, or if your last leave was
granted as a partner of a Relevant Points Based system migrant and you are now applying under Appendix FM
..
The amounts required to meet the financial requirement are:
Partner - £18,600"

Also, could anyone explain the difference between Category A and Category B in this regard, this has always made me confused!?

Many thanks for your help

[CR001]

1. Is FLR(M) the correct form to use to extend my leave?

Yes

2. As my current leave expires on 13.7.19, when is the earliest and latest dates I should apply to extend online?

Once you have as close to 2.5 years residence as possible to avoid a shortfall and the need for another extension to qualify for ILR.

3. When I was granted my current leave on 12.10.16, the Financial Requirement was met by showing my husbands (sponsors) income. Now that I am here in the UK and working full time, can I show my income as evidence for the financial requirement, rather than my husband showing his? We both work full time, with salaried employment over the £18,600 threshold. The table in FLR(M) under question 7.3A indicates that we should both show our income?

You can use either income or combined income to meet the financial requirement. You should complete what the form asks for.

[helpplease!]

Many thanks for your swift reply CR001.

You state "as close to 2.5 years residence as possible to avoid a shortfall and the need for another extension to quality for ILR"

To clarify, in order to avoid the shortfall, could I apply a week prior to expiry (which would be 6.7.19)? Is there any latest date you can apply, I mean could I apply the day before my current leave expires?

I am confident that my application will be successful, however should I apply as close to 2.5 years residence as possible, wait for it to be processed (weeks, months?) and then have an unfortunate failure, will I then be classed as an overstayer as my leave would have expired?

[CR001]

You were issued a 33 month visa. On what date did you ENTER the UK?

You do realise you can apply in person for a same day decision and do not have to apply by post and wait for months without your original documents?

[helpplease!]

I entered the UK on 23.10.16 (11 days after issue date).

Yes I know about applying in person, which I believe has a fee of £1,583? However I did not know that the decision is given on the same day.

I am mainly concerned that there will be a shortfall when I come to apply for ILR? Or perhaps I am calculating wrong!

[CR001]

You can apply for ILR, when you get to that point, 28 days before reaching the full 5 years. This is why it is important to work out as close to possible to the 2.5 year mark on your first visa to avoid a shortfall. You should be able to apply in April/May 2019 without creating a shortfall for later on.

If you apply by post, your extension visa start date will be from date of approval, it does not 'follow on' from the expiry date of your last visa.

[helpplease!]

Thanks a lot!

I will aim to apply with FLR(M) in May or even early-mid June, and if possible go for applying in person.

[helpplease!]

Hi Again,

INTERESTING ARTICLE:
http://www.independent.co.uk/news/uk/po ... 42791.html

Please note that this article states;

"The threshold rises to £22,400 if there is one or more non-European-born child in the family – and the income of the non-European partner does not count towards the threshold."

This was one of the questions I had asked previously in this thread and CR001 kindly stated "You can use either income or combined income to meet the financial requirement". This article is contrary to that.

I know the media can be economical with the truth, but can someone please confirm..

[CR001]

Non EU partner income is NOT counted for applications OUTSIDE the UK.

Combined or either income can be used IN the UK for FLR (M) extension.

Suggest focus on the immigration rules rather than the media.

[helpplease!]

Many thanks for the clarification!